APGovCH.9 Flashcards

1
Q

Lame duck

A

An executive or legislature during the period just before the end of the term of office, when its power influence are considered to be diminished

Lame duck refers to getting little done during presidency.

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2
Q

Jurisdiction

A

Authority vested in a particular court to hear and decide the issues in a particular case

jurisdiction is basically the type of cases the court cam hear.

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3
Q

Original jurisdiction

A

The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.

original jurisdiction is the authority to hear disputes as a trail case.

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4
Q

Appellate jurisdiction

A

The power vested in particular courts to review and/or revise the decision of a lower court

appellate jurisdiction is the courts ability to review or revise a case that was been determined in a trial case.

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5
Q

Federalist no. 78

A

A Federalist Papers essay authored by Alexander Hamilton that covers the role of the federal judiciary, including the power of judicial review

the independence of judges was argued in federalist #78

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6
Q

Judiciary Act of 1789

A

Legislative act that establishes the basic three-tiered structure of the federal court system

The Judiciary act is the one that laid out the 3 layered courts system.

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7
Q

John Jay

A

A member of the Founding generation who was the first Chief Justice of the United States. A diplomat and a co-author of The Federalist Papers

John jay was appointed by George Washington.

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8
Q

Whiskey Rebellion

A

A civil insurrection in 1794 that was put down by military force by President George Washington, thereby confirming the power of the new national government

A tax on whiskey enough to start a whiskey rebellion?

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9
Q

Chisholm v. Georgia

A

A Supreme Court case that allowed US citizens to bring a lawsuit against states in which they did not reside; overturned by the Eleventh Amendment in 1789.

Chisholm v. Georgia is where the national government shut the federalist up.

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10
Q

Eleventh Amendment

A

An amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or country

The eleventh amendment is the product of the challenging of the states authority.

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11
Q

John Marshall

A

The longest-serving Supreme Court Chief Justice, Marshall served from 1801 to 1835. Marshall’s decision in Marbury v. Madison established the principle of judicial review in the US

John Marshall brought more respect to the court.

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12
Q

Judicial Review

A

Power of the courts to review acts of other branches of government and the states.

Judicial review came from John Marshall.

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13
Q

Marburg v. Madison

A

Case in which the Supreme Court first asserted the power of judicial review by finding that part of the congressional statute extending the Court’s original jurisdiction was unconstitutional

once again John Marshall swept this one in favor of the constitutions superiority.

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14
Q

Trial court

A

Court of original jurisdiction where cases begin

Trail courts are at the bottom of the three tiered system.

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15
Q

Appellate court

A

Court that generally reviews only findings of law made by lower courts

Appellate courts are in the middle of the three tiered system.

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16
Q

Constitutional courts

A

federal courts specifically created by the U.S. constitution or by congress pursuant to its authority in Article III

Constitutional courts are also called article III courts.

17
Q

Legislative courts

A

Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims

legislative courts come fro congress’ implied powers.

18
Q

Brief

A

A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial

Briefs are always submitted in trial courts.

19
Q

Precedent

A

A prior judicial decision that serves as a rule for setting subsequent cases of a similar nature

precedents- rules for settling subsequent cases.

20
Q

stare decisis

A

In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases

stare decisis is based off of past courts that seem similar to original court.

21
Q

senatorial courtesy

A

A process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection

“senatorial courtesy” yeah right.

22
Q

Sandra Day O’Connor

A

An Associate Justice of the Supreme Court from 1981-2005 who was appointed by President Ronald Reagan as the first woman to serve on the Court

“you have to be lucky”
-Sandra Day O’Conner.

23
Q

Elena Kagan

A

An Associate Justice of the Supreme Court, appointed by President Barack Obama in 2009 while she was serving as solicitor general in his administration

Elena Kagan already had prior court experiences.

24
Q

writ of certiorari

A

a request for the supreme court to order up the records from a lower court to review the case

nearly all appellate cases that ave reached the supreme court have been due two writ of certiorari.

25
Q

Rule of Four

A

At least four justices of the Supreme Court must vote to consider a case before it can be heard

the decision process ends with the rule of 4.

26
Q

solicitor general

A

The fourth-ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the US government to the Supreme Court

the solicitor general’s staff resembles a small law firm.

27
Q

amicus curiae

A

Friend of the court; amici may file briefs or even appear to argue their interests orally before the court

amicus curiae is heard by the court at least 50% ot of all cases.

28
Q

Plurality opinion

A

A type of judicial opinion, the reasoning of which is agreed to by fewer than a majority of judges on a court; although it resolves the particular case, the opinion does not establish a binding precedent

plurality opinion attract the attention of 3-4 justices.

29
Q

concurring opinion

A

A type of judicial opinion issued by a minority of judges on a court who agree with the outcome of a case, but wishes to express different legal reasoning

concurring opinion is like a repeal.

30
Q

dissenting opinion

A

A type of judicial opinion issues by a minority of judges on a court who disagree with the outcome of a case and wish to explain their legal reasoning

even if disputed dissenting options tend to have little legal value.

31
Q

judicial restraint

A

A philosophy of judicial decision making that posits courts should allows the decisions of other branches of government to stand, even when they offend a judge’s own principles

im tired of writing all of these sentences, dos it even help to include judicial restraint in the sentence.

32
Q

Judicial activism

A

A philosophy of judicial decision making that posits judges should use their power broadly to further justice

4 more sentences to go, why did we ever have to write these sentences, judicial activism.

33
Q

strict constructionist

A

an approach to constitutional interpretation that emphasizes the Framers’ original intentions

strict constructionist is when construction workers can only use 1 tool to build with.

34
Q

judicial implementation

A

how and whether court decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit

judicial implementation is when blah blah blah sentences complete ;)